REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
July 26, 2022
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Revenue Agreement Templates to Provide Access to the Sheriff/Coroner/ Public Administrator’s Automated Systems
End
RECOMMENDATION(S)
Recommendation
1. Approve revenue agreement templates to allow the Sheriff/Coroner/Public Administrator to provide access to the California Law Enforcement Telecommunications System, Central Name Index and criminal databases to local, state, and federal agencies and County departments for the retroactive period of July 1, 2022, through June 30, 2027.
2. Authorize the Sheriff/Coroner/Public Administrator, Undersheriff or Chief Deputy Director of Sheriff’s Administration to approve and execute all individual revenue agreement templates mentioned in Recommendation No. 1, including fee schedule changes, for access to the California Law Enforcement Telecommunications System, Central Name Index and criminal databases, as required, subject to review by County Counsel.
3. Authorize the Sheriff/Coroner/Public Administrator, Undersheriff or Chief Deputy Director of Sheriff’s Administration to approve and execute non-standard revenue agreement terms with state and federal agencies, including, but not limited to fee schedule changes, to provide access to California Law Enforcement Telecommunications System, Central Name Index and criminal databases, as required, subject to review by County Counsel.
(Presenter: John Ades, Deputy Chief, 387-3760)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The annual revenue generated from the agreements to provide access to the California Law Enforcement Telecommunications System (CLETS) in the estimated amount of $377,000, provides for recovery of both direct and indirect costs to provide these services and is included in the Sheriff/Coroner/Public Administrator’s (Department) 2022-23 recommended budget, and will be included in future recommended budgets. Fees charged are reviewed annually and costs are adjusted to ensure full cost recovery to provide services.
Annual CLETS access and usage rates included in the templates are as follows: $1,200 for Computer Aided Dispatch to Computer Aided Dispatch system (CAD-to-CAD) connection; $126 (per terminal) for Terminal Browser Access; $600 for Teleprocessing Support/Maintenance; and variable transaction fees calculated by actual usage. The Department will bill quarterly in arrears for CLETS and any applicable transaction fees for Property Evidence Tracking System (PETS) transactions. The Central Name Index (CNI) and other applications of the Department’s automated systems are routed through the County’s Innovation and Technology Department (ITD) and Wide Area Network (WAN) access, under a separate agreement between ITD and the specific agency, and are billed by ITD directly.
BACKGROUND INFORMATION
The Department, as the State designated “County Control Agency” (California Government Code, sections 15161, 15163, and 15164.1), provides access to CLETS by local, state, and federal agencies and County departments for use by law enforcement personnel. Law enforcement agencies are required to be connected to the County’s WAN in order to access CLETS through the Department’s switching center. With WAN connectivity, law enforcement agencies may also have access to the Department’s automated systems. A written agreement is necessary to ensure proper liability coverage, cost recovery, and operating procedures between the parties; agreements are reviewed annually.
On May 23, 2017 (Item No. 130), the Board of Supervisors (Board) approved the agreement and Memorandum of Understanding (MOU) templates for the period of July 1, 2017 through June 30, 2022. The recommended five-year renewal template agreements utilize the same billing model as the last templates for outside agencies and other County departments that also use this service, including annual review of transaction costs. The proposed template agreements will eliminate the need to return to the Board for single agreements throughout the five-year agreement period for the same agreement language.
Approval of Recommendation No. 1 will allow the Department to utilize two different template agreements, one for outside law enforcement agencies that includes County applicable standard indemnification and insurance requirements; and one for County departments, to provide access to CLETS, CNI and the Department’s criminal databases retroactively for the period of July 1, 2022, through June 30, 2027. As this access has continued uninterrupted pending approval of these template agreements, the retroactive effective date will allow the Department to invoice for the provision of this service from July 1, 2022. All agreements will include termination upon 30 days advance written notice.
Approval of Recommendation No. 2 will authorize the Sheriff/Coroner/Public Administrator, Undersheriff or Chief Deputy Director of Sheriff’s Administration, to execute the applicable template agreement with the individual agencies, subject to review by County Counsel, including fee schedule changes.
Upon receipt of the template agreement, State and federal agencies often provide various additional required terms and conditions, such as mutual indemnification, to those in the County’s agreement template making these agreements non-standard per the County’s contracting policies. Approval of Recommendation No. 3 will authorize the Sheriff/Coroner/Public Administrator, Undersheriff or Chief Deputy Director of Sheriff’s Administration to execute non-standard revenue agreements, subject to review by County Counsel, including, but not limited to, fee schedule changes.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Richard D. Luczak, Deputy County Counsel, 387-5455) on June 30, 2022; Finance (Carolina Mendoza, Administrative Analyst, 387-4635) on July 6, 2022; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on July 8, 2022.